When Could I Request a Modification of Child Support?
When the court orders a parent to pay child support, that order is legally enforceable. This means that the parent cannot stop making payments unless a modification is requested and approved, even if a change in circumstances has made it difficult for them to keep up with the monthly payments. By law, a child support modification will only be granted if a “substantial change in circumstances” has taken place.
Factors that may serve as the basis for a child support decrease:
- The paying parent’s income has decreased
- The paying parent has experienced a job loss
- The receiving parent is making more money
- The children’s expenses have decreased
Factors that may serve as the basis for a child support increase:
- The receiving parent’s income has decreased
- The receiving parent has experienced a job loss
- The paying parent is making more money
- The children’s expenses have increased
Retroactive Child Support Adjustments in Florida
Many parents who are seeking a child support modification are disappointed to learn that their adjustments will only go into effect from the time when their attorney files the action. Even if the event that triggers the modification occurred months before the filing, the adjustment will not be retroactive.
This is why you should contact a Jacksonville family lawyer as soon as circumstances arise that would justify a modification.
There is, however, an exception. In the state of Florida, child support payments are partially based upon the amount of time that the child spends with each parent. If one of the parents has deviated from the court-ordered child custody or visitation schedule, and that is the reason for the modification request, the court may award a retroactive adjustment to the time when the parent stopped spending time with the child.
The Legal Process of Child Support Modification
In Florida, modifying child support payments involves several legal steps. Here's a general outline of the process:
- Eligibility: Determine if you qualify for a modification. In Florida, you typically need to show a substantial change in circumstances since the last order was entered. As mentioned earlier, this could include changes in income, expenses, or the child's needs.
- File a Petition: The first step is to file a petition with the court. You'll need to complete a "Supplemental Petition to Modify Child Support" form, which you can usually find on the website of the family courts or obtain from the clerk of the circuit court in your county.
- Serve the Other Party: Once you've filed the petition, you must serve a copy of it to the other party (usually the other parent). This can be done through certified mail, a process server, or other methods, according to state law.
- Financial Disclosure: Both parties will need to provide updated financial information to the court, including income, expenses, assets, and debts. This is typically done through financial affidavits and supporting documentation.
- Negotiation/Mediation: In some cases, you may be required to attempt mediation before the court will hear your case. Even if it's not required, mediation can be a useful way to try to reach an agreement without going to trial.
- Court Hearing: If you're unable to reach an agreement, the court will schedule a hearing where both parties can present evidence and arguments regarding the modification. The judge will consider the evidence and make a decision based on the best interests of the child.
- Court Order: If the court grants the modification, it will issue a new child support order reflecting the changes. This order is legally binding and must be followed by both parties.
- Follow-Up: Make sure to comply with the terms of the new child support order. If circumstances change again in the future, you may be able to seek another modification.
Throughout this process, it's essential to follow all deadlines and requirements set by the court and to consider seeking legal advice from our Jacksonville child support modification attorney.
FAQs About Child Support Modification
Can I modify child support if my ex-spouse remarries or has more children?
Remarriage or having more children by either parent generally does not constitute a sufficient reason on its own to modify child support in Florida. However, if these events result in a substantial change in financial circumstances that affect your ability to pay or the child's needs, you may be able to seek a modification.
What happens if I don't pay child support while waiting for a modification decision?
You must continue making child support payments as ordered until a modification is granted by the court. Failure to pay child support can result in legal consequences, including enforcement actions such as wage garnishment, suspension of driver's licenses, and even contempt of court charges.
Can child support be modified if one parent voluntarily quits their job or takes a lower-paying job?
If the parent's decision to quit their job or take a lower-paying job is deemed voluntary and done to avoid child support obligations, the court may impute income to that parent based on their earning capacity rather than their actual income. In such cases, a modification of child support may still be pursued based on this imputed income.
What if I disagree with the court's decision on child support modification
If you disagree with the court's decision regarding a child support modification, you may have the option to appeal the decision. However, the grounds for appeal are typically limited to legal errors made by the court, rather than a disagreement with the judge's findings of fact. It's advisable to consult with an attorney to assess the merits of an appeal in your specific case.
Can child support be modified if the child's needs change, such as requiring additional medical care or education expenses?
Yes, if the child's needs change significantly, such as requiring additional medical care, educational expenses, or other necessary costs, you may be able to seek a modification of child support to account for these expenses. It's essential to provide documentation and evidence of the increased costs and how they impact the child's well-being.
Have Questions? Contact Our Jacksonville Family Law Attorneys for Help!
At Owenby Law, P.A., we work diligently to protect the rights of our parental clients so that they can do what is in the best interests of their children. If you believe that you are entitled to an increase or decrease of your child support payments, you should seek our help immediately. The sooner one of our attorneys is able to examine your case, the quicker we can file for a child support modification. Call us today to get started.
Don’t wait to get started on your case – contact Owenby Law, P.A. for a free evaluation.
